Jillett and Jillett
Case
•
[2018] FamCA 913
•9 November 2018
Details
AGLC
Case
Decision Date
Jillett and Jillett [2018] FamCA 913
[2018] FamCA 913
9 November 2018
CaseChat Overview and Summary
In Jillett and Jillett, Foster J of the Federal Circuit and Family Court of Australia made orders concerning the division of property between a husband and wife. The dispute involved the allocation of assets, including superannuation interests, as part of their financial settlement.
The court was required to determine how the parties' superannuation interests should be divided and to make orders for the payment of a sum of money to the wife. This involved considering the provisions of the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001* in relation to superannuation splitting.
Foster J ordered the husband to pay a sum of $321,337.50 to the wife within three months. Additionally, the court allocated base amounts from the husband's interests in two superannuation funds, B Super Fund and C Super, to the wife. These allocations were made pursuant to section 90MT(1)(a) of the *Family Law Act 1975*, entitling the wife to payments calculated in accordance with the relevant regulations, and correspondingly reducing the husband's entitlements from those funds. The trustees of both superannuation funds were directed to take necessary steps to calculate and pay the wife's entitlements. The orders concerning the superannuation splitting were to take effect four business days from service on the trustees, who were granted liberty to apply to the court within that period. The parties were also granted liberty to apply regarding the implementation or enforcement of the orders.
The court was required to determine how the parties' superannuation interests should be divided and to make orders for the payment of a sum of money to the wife. This involved considering the provisions of the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001* in relation to superannuation splitting.
Foster J ordered the husband to pay a sum of $321,337.50 to the wife within three months. Additionally, the court allocated base amounts from the husband's interests in two superannuation funds, B Super Fund and C Super, to the wife. These allocations were made pursuant to section 90MT(1)(a) of the *Family Law Act 1975*, entitling the wife to payments calculated in accordance with the relevant regulations, and correspondingly reducing the husband's entitlements from those funds. The trustees of both superannuation funds were directed to take necessary steps to calculate and pay the wife's entitlements. The orders concerning the superannuation splitting were to take effect four business days from service on the trustees, who were granted liberty to apply to the court within that period. The parties were also granted liberty to apply regarding the implementation or enforcement of the orders.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Remedies
-
Statutory Construction
Actions
Download as PDF
Download as Word Document
Citations
Jillett and Jillett [2018] FamCA 913
Most Recent Citation
JILLETT & JILLETT [2019] FamCA 48
Cases Citing This Decision
2
Jillet & Jillet (No 2)
[2019] FamCA 242
JILLETT & JILLETT
[2019] FamCA 48
Cases Cited
12
Statutory Material Cited
2
Rodgers & Rodgers (No 2)
[2016] FamCAFC 104
Stanford v Stanford
[2012] HCA 52
Bevan & Bevan
[2014] FamCAFC 19